Statutes: Michigan

(A) Modification or Termination.

(1) Time for Filing and Number of Motions.

(a) The petitioner may file a motion to modify or terminate the extreme risk protection order and request a hearing at any time after the extreme risk protection order is issued.

(b) In addition to requesting a hearing under MCR 3.718(D)(3), the respondent may file one motion to modify or terminate an extreme risk protection order during the first six months that the order is in effect and one motion during the second six months that the order is in effect. If the order is extended under subrule (B), the respondent may file one motion to modify or terminate the order during the first six months that the extended order is in effect, and one motion during the second six months that the extended order is in effect. If the respondent files more than one motion during these times, the court must review the motion before a hearing is held and may summarily dismiss the motion without a response from the petitioner and without a hearing.

(c) The moving party carries the burden and must prove by a preponderance of the evidence that the respondent no longer poses a risk to seriously physically injure another individual or the respondent by possessing a firearm.

(2) Service. The nonmoving party must be served, as provided in MCR 2.107 at the mailing address or addresses provided to the court, the motion to modify or terminate the order and the notice of hearing at least 7 days before the hearing date. The petitioner must serve the petitioner’s motion on the respondent. The clerk of the court must serve the respondent’s motion on the petitioner due to the confidential nature of the petitioner’s address unless the petitioner electronically filed the case under MCR 1.109(G) and the respondent has registered with the electronic-filing system. In that instance, the respondent must serve the petitioner electronically at the petitioner’s registered email address.

(3) Hearing on the Motion. The court must schedule and hold a hearing on a motion to modify or terminate an extreme risk protection order within 14 days of the filing of the motion.

(4) Notice of Modification or Termination. If an extreme risk protection order is modified or terminated, the clerk must immediately notify the law enforcement agency specified in the extreme risk protection order of the change. A modified or terminated order must be served on the respondent as provided in MCR 2.107.

(5) If the extreme risk protection order expires or is terminated, the court must order, subject to the restrictions in MCL 691.1815, that the respondent may reclaim any seized firearm(s). Upon the motion of the respondent, the court may also order, at any time, the transfer of the respondent’s firearm(s) seized by law enforcement under the extreme risk protection order to a licensed firearm dealer if the respondent sells or transfers ownership of the firearm to the dealer.

(B) Extension of Order.

(1) Motions.

(a) Time for Filing and Service. Upon motion by the petitioner or the court’s own motion, the court may issue an extended extreme risk protection order that is effective for one year after the expiration of the preceding order. The respondent must be served the motion to extend the order and the notice of hearing at least 7 days before the hearing date as provided in MCR 2.107 at the mailing address or addresses provided to the court. The petitioner must serve the petitioner’s motion on the respondent. The clerk of the court must serve both the petitioner and respondent if upon the court’s own motion. Failure to timely file a motion to extend the effectiveness of the order does not preclude the petitioner from commencing a new extreme risk protection action regarding the same respondent, as provided in MCR 3.716.

(b) Legal Standard. The court must only issue the extended order under this subrule if the preponderance of the evidence shows that the respondent can reasonably be expected within the near future to intentionally or unintentionally seriously physically injure themselves or another individual by possessing a firearm and has engaged in an act or acts or made significant threats that are substantially supportive of the expectation.

(2) Automatic Extensions. If the court or a jury finds that the respondent has refused or failed to comply with an extreme risk protection order, the court that issued the order must issue an extended extreme risk protection order effective for 1 year after the expiration of the preceding order.

(3) Notice of Extension. If the court issues an extended extreme risk protection order, it must enter an amended order. The clerk must immediately notify the law enforcement agency specified in the extreme risk protection order if the court enters an amended order. The petitioner must serve an amended order on the respondent as provided in MCR 2.107.

(C) Minors and Legally Incapacitated Individuals. Petitioners or respondents who are minors or legally incapacitated individuals must proceed through a next friend, as provided in MCR 3.716(G).

(D) Fees. There are no motion fees for modifying, terminating, or extending an extreme risk protection order.